Articles

Here you will find all the latest news from the SCE team. In this section we will feature news about what we have been up to, recent mentions in the press, information about the work we do in the community and lots more.

Monthly Archive December 2018

3 Things We Learnt In Law This Week (27 December 2018)

Does an Employee Have a Right to a Statement of Employment Particulars When Employed for Less Than 2 Months?

Yes, if they have worked continuously for at least 1 month, held the EAT in Stefanko and others v Maritime Hotel Ltd.

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10 Employment Law Changes for 2019

2018 has been a landmark year for employment law with gender pay gap reporting and widespread claims of workplace sexual harassment dominating the headlines. It looks like 2019 will be just as busy with a number of legal changes on their way. Below we list just ten changes that employers will need to look out for.

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Do You Want To Evict Your Tenant?

Eviction is a 3-step process; giving notice, seeking possession from the court, and then enforcement. You must ensure that your notices are correct, otherwise when you seek a possession order from the court, it will be denied. There are two types of notices, a Section 8 Notice, and a Section 21 Notice. There are advantages to each, and it is important to seek legal advice as to which would be the most appropriate in your current situation.

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3 Things We Learnt In Law This Week (20 December 2018)

Olympic Cyclist Jess Varnish Claims Sex Discrimination Against UK Sport and British Cycling

Jess Varnish is suing UK Sport and British Cycling for unfair dismissal and sex discrimination in a case which could transform the entire funding landscape of Olympic and Paralympic sport.

Varnish, who cycled alongside Victoria Pendleton at London 2012, was dropped from the British Cycling programme before the Rio Olympics in 2016.

She alleged bullying and discrimination, specifically that then technical director Shane Sutton said her bottom was “too big” to ride certain roles on the team and that she should go off and “have a baby”.

Varnish will challenge the employment status of athletes who are supported by grants from UK Sport, the national funding body.

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The Dangers of Not Having a Partnership Agreement

It is very easy to set up a partnership and even just an oral agreement can be sufficient to form a partnership arrangement. The law says that a partnership is quite simply the relationship which subsists between persons carrying on a business with a common view of profit. So even you and your friend gardening together and dividing the profits could mean that a partnership has been formed. A partnership is governed by a partnership agreement and would regulate the powers and duties of the partners in relation to the business. It could also dictate the way assets or liabilities are divided upon dissolution of a partnership. However, if a partnership agreement has not been drawn up, then the powers and duties of the partners is regulated by the Partnership Act 1980. This legislation does not cover all circumstances and eventualities, and as such partners can find themselves stuck in a situation where there is no legal recourse. Below are two of the many dangers that you could face if you conduct your business without a formal partnership agreement.

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3 Things We Learnt In Law This Week (13 December 2018)

Is veganism a “philosophical belief” that should be protected by law?

An employment tribunal is being asked to decide whether veganism is a “philosophical belief” and therefore, should be protected by law.

The landmark case, which is listed for March 2019, will help determine whether veganism is a “philosophical belief” and therefore, should be legally protected.

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What To Do When An Employee On Maternity Leave Wants To Go Part-Time?

A full-time employee on maternity leave has requested to return part-time. How do you handle the situation and what are the risks if you refuse?

Remember that all eligible employees can make a flexible working request. The right is not limited only to parents and carers. However, requests from employees on maternity leave will need to be treated carefully because of the risk of a sex discrimination claim.

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